Karnataka High Court breaks barriers on accessibility at Intellectual Property office in landmark ruling

In a landmark judgment delivered on September 17, 2024, the High Court of Karnataka acknowledged the systemic accessibility issues faced by Persons with Disabilities at the Indian Intellectual Property Office (IPO). The decision, emerging from a writ petition filed by Dr. Kalyan C. Kankanala, marks a significant step toward inclusivity and accessibility in legal and professional environments for those with disabilities.

Persons with Disabilities have faced continuous barriers when interacting with the IPO’s online systems. The systems, mandated to be used exclusively for filings, searches, and hearings, have not been accessible to those using screen readers or similar assistive technologies. The shift to mandatory online transactions, brought about by amendments to patent and trademark regulations in 2016 and 2017, was intended to streamline IP management processes. However, this digital transition failed to incorporate necessary measures to facilitate accessibility for attorneys and agents with disabilities, posing significant barriers to their practice.

Despite repeated communications to the IPO and filing multiple complaints including one with the Chief Commissioner for Persons with Disabilities (CCPD), responses were either delayed or dismissive, failing to address the core issues of accessibility and reasonable accommodations.

With no respite in sight, a writ petition was filed before the Karnataka High Court, seeking directives for the IPO to adhere to accessibility guidelines laid out in the Guidelines for Government Websites, 2019 which mandate accessibility measures such as optical character recognition (OCR) readable documents, audio captchas, and accessible virtual hearing platforms.

After a prolonged tussle, a representative of the IPO on 17^th of September submitted an affidavit before the Hon’ble Karnataka High Court acceding to implement the accessibility measures prayed for in the writ. The Court’s decision mandating that the IPO implement these necessary accessibility measures will hopefully set a precedent for accessibility in governmental digital interfaces.

The ruling emphasizes the necessity for systematic changes to enhance the professional environment for Persons with Disabilities, ensuring they can perform their duties without undue hardship. It also acts as a critical reminder of the gap between policy formulation and implementation, urging proactive measures to align operational practices with established legal standards.

By mandating specific technological adjustments, the court has reinforced the principle that accessibility should be a core consideration in the design and operation of all public systems. This decision is a step forward in ensuring that professionals, regardless of disabilities, have equal access to necessary tools and facilities, underscoring the broader implications for inclusivity and equality in professional and public domains.

The ruling undoubtedly reaffirms the principle that accessibility is not a privilege but a fundamental right that enables individuals to live with dignity and independence. With this, the IP profession and legal profession in general are now perhaps one of the first fields in India where accessibility will no longer be a constraint to those looking to make a career in IP.

An accessible copy of the final order may be downloaded here.

Citation: Dr. Kalyan C. Kankanala v. Union of India and Ors., WP No. 21978 of 2021, Karnataka High Court, Decided on 17.09.2024

Relevant extracts from the Court Order:

...

2. Today, learned counsel appearing for respondent No.3 files an affidavit of one Dr. V. Parimalavarsini-respondent No.3 who is the Deputy Controller of Patents and Designs, which reads as under:

“I, Dr. V. Parimalavarsini, D/o Sri K. Vasudevan, aged about 49 years, being the Deputy Controller of Patents & Designs having my office at The Patent Office, Intellectual Property Rights Building, GST Road, Guindy, Chennai-600032, do hereby solemnly affirm and state on oath as follows:

1. I am the Deputy Controller of Patents and Designs. I am authorized to swear to this Affidavit on behalf of Respondent No.3. I am conversant with the facts of the case.
2. The Respondent No.3 has issued “Guidelines For Accessibility and Reasonable Accommodation for Persons with Disabilities” during the pendency of the above Writ Petition. The same may be read as part and parcel of the present Affidavit.
3. I state that the Petitioner has filed I.A. No.1/2023 in the above matter seeking various accommodations for Persons with Disability. I state that in response to the request of the Petitioner, the Respondent No.3 will extend the following reasonable accommodations:
4. The Respondent No.3 shall provide OCR readable documents on request made by Persons with Disability.
5. Audio Captcha has been provided on Websites owned by Respondent No.3.
6. Virtual hearing is being conducted on Webex platform which is accessible with screen readers.
7. The Respondent No.3 shall treat requests for adjournment favorably, as far as possible, when made by Persons with Disability on account of accessibility issues.
8. The Respondent No.3 has commenced preparation of scope of work towards a tender for making the websites accessible to Persons with Disability in line with prevailing Guidelines issued by the Union of India for the same. Upon receiving the necessary approvals from concerned authorities, the websites will be made accessible to Persons with Disabilities.

Wherefore it is prayed that this Hon’ble Court be pleased to take the present Affidavit on record and dispose of the above matter in terms of the present Affidavit, in the interest of justice.”